[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR206.48]

[Page 430-432]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 206_FEDERAL DISASTER ASSISTANCE FOR DISASTERS DECLARED ON OR AFTER 
NOVEMBER 23, 1988--Table of Contents
 
                    Subpart B_The Declaration Process
 
Sec. 206.48  Factors considered when evaluating a Governor's request for 
a major disaster declaration.

    When we review a Governor's request for major disaster assistance 
under the Stafford Act, these are the primary factors in making a 
recommendation to the President whether assistance is warranted. We 
consider other relevant information as well.
    (a) Public Assistance Program. We evaluate the following factors to 
evaluate the need for assistance under the Public Assistance Program.
    (1) Estimated cost of the assistance. We evaluate the estimated cost 
of Federal and nonfederal public assistance against the statewide 
population to give some measure of the per capita impact within the 
State. We use a figure of $1 per capita as an indicator that the 
disaster is of such size that it might warrant Federal assistance, and 
adjust this figure annually based on the Consumer Price Index for all 
Urban Consumers. We are establishing a minimum threshold of $1 million 
in public assistance damages per disaster in the belief that we can 
reasonably expect even the lowest population States to cover this level 
of public assistance damage.
    (2) Localized impacts. We evaluate the impact of the disaster at the 
county and local government level, as well as impacts at the American 
Indian and Alaskan Native Tribal Government levels, because at times 
there are extraordinary concentrations of damages that

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might warrant Federal assistance even if the statewide per capita is not 
met. This is particularly true where critical facilities are involved or 
where localized per capita impacts might be extremely high. For example, 
we have at times seen localized damages in the tens or even hundreds of 
dollars per capita though the statewide per capita impact was low.
    (3) Insurance coverage in force. We consider the amount of insurance 
coverage that is in force or should have been in force as required by 
law and regulation at the time of the disaster, and reduce the amount of 
anticipated assistance by that amount.
    (4) Hazard mitigation. To recognize and encourage mitigation, we 
consider the extent to which State and local government measures 
contributed to the reduction of disaster damages for the disaster under 
consideration. For example, if a State can demonstrate in its disaster 
request that a Statewide building code or other mitigation measures are 
likely to have reduced the damages from a particular disaster, we 
consider that in the evaluation of the request. This could be especially 
significant in those disasters where, because of mitigation, the 
estimated public assistance damages fell below the per capita indicator.
    (5) Recent multiple disasters. We look at the disaster history 
within the last twelve-month period to evaluate better the overall 
impact on the State or locality. We consider declarations under the 
Stafford Act as well as declarations by the Governor and the extent to 
which the State has spent its own funds.
    (6) Programs of other Federal assistance. We also consider programs 
of other Federal agencies because at times their programs of assistance 
might more appropriately meet the needs created by the disaster.
    (b) Factors for the Individual Assistance Program. We consider the 
following factors to measure the severity, magnitude and impact of the 
disaster and to evaluate the need for assistance to individuals under 
the Stafford Act.
    (1) Concentration of damages. We evaluate the concentrations of 
damages to individuals. High concentrations of damages generally 
indicate a greater need for Federal assistance than widespread and 
scattered damages throughout a State.
    (2) Trauma. We consider the degree of trauma to a State and to 
communities. Some of the conditions that might cause trauma are:
    (i) Large numbers of injuries and deaths;
    (ii) Large scale disruption of normal community functions and 
services; and
    (iii) Emergency needs such as extended or widespread loss of power 
or water.
    (3) Special populations. We consider whether special populations, 
such as low-income, the elderly, or the unemployed are affected, and 
whether they may have a greater need for assistance. We also consider 
the effect on American Indian and Alaskan Native Tribal populations in 
the event that there are any unique needs for people in these 
governmental entities.
    (4) Voluntary agency assistance. We consider the extent to which 
voluntary agencies and State or local programs can meet the needs of the 
disaster victims.
    (5) Insurance. We consider the amount of insurance coverage because, 
by law, Federal disaster assistance cannot duplicate insurance coverage.
    (6) Average amount of individual assistance by State. There is no 
set threshold for recommending Individual Assistance, but the following 
averages may prove useful to States and voluntary agencies as they 
develop plans and programs to meet the needs of disaster victims.

                                    Average Amount of Assistance per Disaster
                                            [July 1994 to July 1999]
----------------------------------------------------------------------------------------------------------------
                                       Small states  (under 2     Medium states  (2-10    Large states  (over 10
                                            million pop.)            million pop.)            million pop.)
----------------------------------------------------------------------------------------------------------------
Average Population (1990 census       1,000,057...............  4,713,548..............  15,522,791
 data).
Number of Disaster Housing            1,507...................  2,747..................  4,679
 Applications Approved.
Number of Homes Estimated Major       173.....................  582....................  801
 Damage/Destroyed.

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Dollar Amount of Housing Assistance.  $2.8 million              $4.6 million             $9.5 million
Number of Individual and Family       495.....................  1,377..................  2,071
 Grant Applications Approved.
Dollar Amount of Individual and       1.1 million.............  2.9 million............  4.6 million
 Family Grant Assistance.
Disaster Housing/IFG Combined         3.9 million.............  7.5 million............  14.1 million
 Assistance.
----------------------------------------------------------------------------------------------------------------

    Note: The high 3 and low 3 disasters, based on Disaster Housing 
Applications, are not considered in the averages. Number of Damaged/
Destroyed Homes is estimated based on the number of owner-occupants who 
qualify for Eligible Emergency Rental Resources. Data source is FEMA's 
National Processing Service Centers. Data are only available from July 
1994 to the present.
    Small Size States (under 2 million population, listed in order of 
1990 population): Wyoming, Alaska, Vermont, District of Columbia, North 
Dakota, Delaware, South Dakota, Montana, Rhode Island, Idaho, Hawaii, 
New Hampshire, Nevada, Maine, New Mexico, Nebraska, Utah, West Virginia. 
U.S. Virgin Islands and all Pacific Island dependencies.
    Medium Size States (2-10 million population, listed in order of 1990 
population): Arkansas, Kansas, Mississippi, Iowa, Oregon, Oklahoma, 
Connecticut, Colorado, South Carolina, Arizona, Kentucky, Alabama, 
Louisiana, Minnesota, Maryland, Washington, Tennessee, Wisconsin, 
Missouri, Indiana, Massachusetts, Virginia, Georgia, North Carolina, New 
Jersey, Michigan. Puerto Rico.
    Large Size States (over 10 million population, listed in order of 
1990 population): Ohio, Illinois, Pennsylvania, Florida, Texas, New 
York, California.

[64 FR 47698, Sept. 1, 1999]